Shoplifting: A Historical and Modern Perspective

Think Shoplifting Is a Modern Crime? Think Again.

Shoplifting, the act of stealing from a store or otherwise depriving a retailer of the full value of its merchandise, has been recognized as a crime for centuries. Its history reveals a complex evolution of legal and societal attitudes toward theft.

A Historical Perspective

The origins of shoplifting as a criminal offense date back to 1699 with the British Shoplifting Act, which defined shoplifting as a capital crime. In England, crimes like shoplifting were often treated as felonies punishable by death. Charles Dickens’ novel Barnaby Rudge illustrates the severity of penalties during that time, with shoplifting items valued at five shillings or more being punishable by execution. Efforts to reform these harsh penalties began in 1816 but did not succeed until 1822 when William Reading became the last person hanged for shoplifting in England. By 1832, shoplifting was no longer a capital crime in England, marking a significant shift in legal attitudes.

Who Shoplifts Today?

Historically, women were more likely to shoplift, but this trend shifted by the 1980s. Today, shoplifting is prevalent across all genders, races, and socioeconomic classes. Research indicates that shoplifting often occurs between 3 and 4 p.m., suggesting that time of day may influence this behavior. The demographic of shoplifters is diverse, reflecting broader social changes.

Commonly Stolen Items

According to the National Association for Shoplifting Prevention (NASP), approximately $40 billion worth of goods are stolen from U.S. retailers annually. While cigarettes were once the most commonly stolen item, the focus has now shifted to small electronics, clothing, and books. Recent trends reveal that popular authors among shoplifters include Charles Bukowski, William S. Burroughs, and Jack Kerouac, often with themes of sex and drugs. This variety indicates that shoplifters do not fit a single stereotype.

Notable Historical Cases

The Shoplifting Couple (1910): A notable case from 1910 involved a man and his wife charged with shoplifting a pair of boots. The man took the boots from a shelf and handed them to his wife, who was caught attempting to leave the store. At that time, the legal assumption was that a wife was under her husband’s control and thus could not be considered an independent agent. Consequently, the judge acquitted the woman, citing social policy against making her testify against her husband. This principle applied to minor offenses but not to more serious crimes.

The 14-Year-Old Shoplifter: During the same period, a 14-year-old girl faced court for repeated shoplifting offenses involving groceries, jewelry, and personal items. She admitted to stealing items like a doll for her sister and ribbons she lacked, driven by an irresistible urge despite her attempts to resist. Her troubled background, including caring for younger siblings while her mother worked and a history of shoplifting, highlighted the impact of social and familial pressures on her behavior. Her father’s death and alcoholism further contributed to her difficulties.

Consequences of Shoplifting in Massachusetts

Today, shoplifting remains a serious offense with significant legal consequences. In Massachusetts, penalties vary based on the value of the stolen goods and the number of prior offenses:

• For items valued at less than $100:
  • First offense: Up to $250 fine
  • Second offense: Up to $500 fine
  • Third offense: Up to 2 years in jail and/or a $500 fine
• For items valued at $100 or more:
  • First offense: Up to 2½ years in jail and/or a $1,000 fine
  • Second or third offense: Increased penalties with potential for longer prison time and higher fines

Additionally, the store may recover up to $500 or the actual damages caused by the theft.

Defending a Shoplifting Charge

Whether driven by compulsion, survival, or peer pressure, individuals caught shoplifting face serious consequences, including fines, jail time, and even deportation. If you are charged with shoplifting, consulting a criminal defense lawyer is crucial. An experienced attorney can help you understand the legal process, protect your rights, and develop an effective defense strategy. With the right legal support, you can navigate the complexities of the justice system and work towards the best possible outcome.